350 So. 2d 370 - State v. McGhee’s Empirical Analysis

Citation profile

13 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[T]he lineup as a stage of the proceedings against a charged defendant is made up of several interdependent parts: the suspect parade or assembly, the witness’ viewing, the witness’ reaction to the viewing, and the witness’ verbal or written assertion of that reaction. The confrontation which Wade concluded was a critical stage of the prosecution can hardly be said to have terminated with the witness’ viewing. The witness’ reaction is surely a part of the viewing, and its communication is surely a part of the lineup. Furthermore, confrontation in the context of a ‘stage’ of prosecution should rationally include not only a defendant’s being placed for view before a witness for that witness’ reaction (identification) but also, by virtue of his counsel’s presence, the defendant’s being entitled to have viewed the witness’ condemnatory verbal or written identification. Surely this must be so if, as Wade says, counsel’s presence at the lineup is necessary to facilitate meaningful cross-examination at a suppression hearing and/or at trial, and possibly to prevent, by his simple presence, otherwise improper influence or suggestion.” McGhee, 350 So. 2d at 373 .”

   1 later decision quote this exact passage
   e.g. 395 Ill. App. 3d 797 - People v. White

2. “"It is now clear that the due process requirement of the federal constitution obliges the prosecution to prove beyond a reasonable doubt every fact necessary to constitute the crime charged. In re Winship, 397 U.S. 358, 364 , 90 S.Ct. 1068 , 25 L.Ed.2d 368 (1970), and that, accordingly, a state may not shift the burden of ultimate persuasion of an essential element of the crime charged to the defendant in a criminal case. Mullaney v. Wilbur, 421 U.S. 684 , 95 S.Ct. 1881 , 44 L.Ed.2d 508 (1975)."”

   1 later decision quote this exact passage
   e.g. 371 So. 2d 1309 - State v. Bergeron

3. “[a]t each stage of the proceedings, every person is entitled to assistance of counsel of his choice, or appointed by the court if he is indigent and charged with an offense punishable by imprisonment.”

   1 later decision quote this exact passage
   e.g. State v. Hattaway